Trow City Directory Co. v. Curtin
U.S. Circuit Court for the District of Southern New York
In Equity. On demurrer to bill. Bill by the Trow City Directory Company against Hugh A. Curtin for the infringement of complainant’s copyright.
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In Equity. On demurrer to bill. Bill by the Trow City Directory Company against Hugh A. Curtin for the infringement of complainant’s copyright. Rev. St. U. S. § 4956, referred to in the opinion, provides that— “Xo person shall be entitled to a copyright unless he shall, before publication, deliver at the office o.f the librarian of congress, or deposit in the mail, addressed to the librarian of congress at Washington, District of Columbia, a printed copy of the title of the book * * * for which he desires a copyright, nor unless he shall also, within ten days from the publication thereof,…
1Opinion of the CourtWallace, J.
The demurrer to the complainant’s bill is well taken, and must be sustained as to each ground assigned. The bill of complaint is defective in failing to allege the performance of the acts required by sections 4956, 4962, Rev. St. U. S., which are essential, and conditions precedent to the title of the proprietor of a copyright. Wheaton v. Peters, 8 Pet. 591; Jollie v. Jaques, 1 Blatchf. 618; Parkinson v. Laselle, 8 Sawy. 330; Music Co. v. Paper Co., 19 Fed. Rep. 758. The allegation that “the copyright was taken out by the said Trow City Directory Company, pre*830vious to the publication thereof,…
2Cases cited6 opinions
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Stevens v. GladdingSupreme Court of the United States · 1855
- Frary v. DakinNew York Supreme Court · 1810
- Lipe v. BeckerCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jollie v. JaquesU.S. Circuit Court for the District of Southern New York · 1850
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3Cited by3 opinions
- Ford v. Charles E. Blaney Amusement Co.District Court, S.D. New York · 1906
- Ohman v. City of New YorkU.S. Circuit Court for the District of Southern New York · 1909
- Church v. WalkerSouth Dakota Supreme Court · 1897